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Monday, April 26, 2010

ANOTHER REASON TO DRINK

BREAKING NEWS: NOREIGA GONE. As of 6:30 pm Monday April 26, 2010, US Prisoner Manuel Noriega was on an Air France plane that had left Miami International Airport for Paris. We've exclusively learned that Noreiga ordered the kosher meal and a white chardonnay.

In the next few days, the entire PD's office as we know it could change. If attorney Robert Barrar has his way, and gets the Florida Legislature to "buy" what he is selling, then a large portion of Carlos Martinez' budget will end up in the hands of a private contractor. Barrar wants all third degree felony cases out of the hands of the Dade PD and he wants that money to go to him and he has spent the past two years convincing Tallahassee that he can do the job for less.

The legislature is listening and many of them see this as "pay-back" for the lawsuit that Bennett filed and Carlos pursued about caseloads.

Worst of all, when asked confidentially this past week whether she would be "OK" with this new plan, KFR gave her thumbs up and said she was OK with it.

There will be a lot of backroom politicking going on over the next few days, but it looks like this could really happen.

And, if it does, there will be a lot of people on the unemployment line and most will be young PD's that are, on the average, a year out of law school, and now will find themselves out of work. With three PD's per division and twenty plus divisions, add to that the support staff of secretaries, investigators, etc, you realize how serious a move this is.

And, this move is only against the Eleventh Circuit PD. The other 19 circuits PD's offices would be unaffected.

carlos martinez has always been a social worker. he has no business being the public defender in miami. one thing is certain- if this legislation does pass, all of the old timers, and there are droves of them, will be unaffected. they will fight for those pensions. they were running scared in 2004! here we go again.

Is anyone surprised KFR would OK this? Of course she would! Her attorneys are slaughtered by the PDs in a daily basis because the PDs have better training and more support from their direct supervisors. KFR wants her convictions numbers to go up and giving cases to a hack who cares nothing about clients and only about lining his pocket (and keeping his politician friends happy) guarantees a plea machine and/or bad lawyers representing the clients. If you think regional counsel is a plea machine you ain't seen nothing yet.

The state attorneys are not slaughtered on a daily basis because of PD training. They are slaughtered because despite their numerous administrative deficiencies, the PD's office actually knows how to hire trial lawyers capable of putting together coherent legal and factual arguments without ever uttering the words "I have to check with my supervisor" or "what happened next officer?"

Now just hold on one cotton picking (chomp smack) moment. (chomp) Bob Bararr is taking over the 3rd degree felonies? And there's drinking tonight at Tobacco road? And this is qualifying week? Seems like (chomp) a lot going on (smack) for an otherwise quiet week. (chomp smack). And who's going to get the Supreme Court nomination? (smack smack).

I can't (chomp) be ready for trial (chomp) on a week (smack) like this. WHo could? (chomp smack).

Young ASAs are slaughtered by young PDs because young ASAs have no discretion.

The majority of C-level felonies plead out. The ones that go to trial are the career criminal cases. This is because, like most C cases, the evidence is weak since the police don't spend a lot of time investigating them. Under normal circumstances, these cases would either be no actioned, filed as misdemeanors, or resolved in a reasonable plea. However, with the career criminal chiefs taking all discretion away from the actual prosecutors who will have to try these, they approve ridiculous offers in the 5-15 year range. The division ASAs would LOVE to close these cases out, but if they do and do not have approval, they will lose their jobs. Since most of these cases are PD cases, the PDs aren't about to let their clients take 8 years on a burglary with no prints and one witness who saw a 5'7 black male a block away from where the crime occurred.

That is why young ASAs are slaughtered in trial. Some have excellent trial skills but are literally forced to put bad evidence before a jury.

There are many "C" prosecutors who are very skilled trial attorneys, just as there are PD supervisors who lose "C" cases.

Cases can be strong and weak. A PD supervisor with 30 years experience isn't going to win a burglary with prints, a confession, DNA, three eyewitnesses and two flipped co-defendants.

Just like a world class trial prosecutor isn't going to win a tampering with physical evidence when the crackhead swallowed the plastic baggie.

It's about the evidence.

The really great lawyering comes into play during those marginal cases that can go either way. That's where the power of persuasion becomes so important. If the evidence is 100% one way or the other, it really doesn't matter how good the lawyer is. I've seen excellent defense attorneys lose, shitty prosecutors win, and vice versa.

3d DCA Watch -- Bye Bye Bunker Edition!
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